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Theories of restorative justice
Theories of restorative justice
Theory of restorative justice
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This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed
110). According to the author, the aim of restorative justice is to heal communities from an incident where people were harmed and, ideally, help prevent the same thing from happening again. I believe that, there is going to be a higher possibility of crime reduction in schools and in different neighborhood if victims and offenders mediate a restitution agreement to the satisfaction of each other. In conjunction to this, if the government can be more committed in supporting these approaches, I believe that there will be a massive drop in crime
Restorative justice is a very selective process, and can only truly work if both the victim and the offender agree to the terms of the conversation. In other words, strict vetting must be done on both the victim and the offender in order for restorative justice to occur. For this type of justice to actually be able to really work and bring about rehabilitation participation must be 100% voluntary otherwise it will fail. This among other things can be listed as a limitation of restorative justice. Another disadvantage is, that restorative justice cannot be implemented in all categories of crimes.
This type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
This injustice damages the rehabilitative intent that prisons were meant
As expressed in our textbook, Restorative Justice Today, one of the most rudimentary aspects of a restorative application is to, “bring harmed people together with those who cause the harm to discuss how they were affected, to take accountability… and to address ways the harm might be repaired” (Wormer & Walker, 2013). Hence, the documentary’s deposition is its inability to identify approaches towards bringing several societal members together such as those perceived to cause the harm (prosecutors, judges, and police officers) with those harmed (the wrongfully convicted, their families, and members of the community). Thus, while institutional errors of this magnitude are understandably difficult to address and are equally difficult to contrive ways to convene, a severe weakness of this film is its inability to obtain perspectives outside of its own such as that of the offending parties. Although understandable as a work seeking to recount the suppressed stories of this marginalized community, through a restorative lens, its debility is its lack of attempts to conduct restorative practices such as attempting to contact offending individuals willing to right these wrongs.
"Mass incarceration has become a kind of intractable social problem in America," he argues, "one that is disproportionately visited upon the poor, marginalized, and vulnerable" (p. 9). This phrase exemplifies how the American legal system has failed to offer meaningful justice for individuals harmed by crime, instead perpetuating cycles of violence and pain. Advocating for restorative justice plays in addressing these challenges by emphasizing systemic concerns within the US legal system. Restorative justice can be a significant instrument for decreasing judicial system harm and facilitating healing in marginalized communities. Furthermore, by emphasizing the importance of recognizing the humanity of all individuals impacted by the legal system and treating them with dignity and respect.
Restorative Justices are used successfully in local communities, school, at work, and within other institutions across the country not only within the Criminal Justice System. (Restorative Justice Consortium).The overcrowded prison system has been a problem for years, especially in Manitoba. Programs like the restorative resolution, which was found in 1993, was used as an alternative to imprisonment for offenders who were looking to spent about six months in jail (Annable, 2017). Restorative justice is also beneficial in terms of reducing case delays and court backlogs and the programs are objectively more cost-efficient in comparison to the traditional system, especially in comparison to incarceration costs. Furthermore, Canadian judges are
Traditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
Restorative Justice processes are likely to reduce criminals from repeating offenses, as numerous recidivism studies have demonstrated. Thus, it would be more than justified to employ restorative processes a response to crimes under
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.
Batley (2005) stated that restorative justice is about restoring, healing and re- integrating victims, offenders, as well as the society and also preventing further harm. In this assignment, I will be discussing approaches to restorative justice and illustrating their advantages and disadvantages to offending. I will also provide the applications of these five approaches of restorative justice which are retributive approach, utilitarian deterrence approach, rehabilitation approach, restitution approach and restorative approach in the given case study. I will then explain my preferred approach to justice through identifying a personal belief or value that underpins my choice.
Though forgiveness and clemency matter significantly in social life, they play comparatively small roles in criminal justice system. The criminal procedure is dominated by the State whose interests in deterring, debilitating and imposing retribution leave little room for forgiveness. However, justice need not be so austere, intangible and uncongenial. A more modified, concrete criminal justice system could give much better credence to the benefit and needs of the offenders, victims and members of the society. An offender usually inflicts both physical and psychological injuries upon a victim.